Rattan

No doubt for their own convenience and as a means of limiting their claims costs, but also as a way of assisting their insureds, many homeowner insurers recommend and guarantee the work of particular general contractors or other professionals needed to perform repair work following covered losses. In such cases when a contractor or other professional fails to perform adequately, the contractor’s or professional’s conduct alone will not support a tort claim against the insurer. Thus, in this insurance bad faith case we find no error in the trial court’s unwillingness to instruct the jury with respect to the circumstances under which a general contractor and personal property storage service recommended by the insurer could be agents of the insurer for purposes of determining the insurer’s liability for tortious breach of the covenant of good faith and fair dealing. Accordingly, we affirm the trial court’s judgment in favor of the insurer.

Factual Summary

1. Fire

Plaintiffs and appellants James Rattan and Elaine Rattan own a home in El Cajon. At all pertinent times the home was insured by defendant and respondent United Services Automobile Association (USAA). On April 1,…